Appealing First Tear Tribunal

pemalu

Hi,

I have received a First Tier Tribunal Decision which agreed with me that NRP has been earning more than what he reported to CSA. The letter stated that I can appeal on arithmetical correctness.

1) Would that still mean appealing to the same Tribunal or would that mean Court of Appeal?

2) The arithmetic issue I have is that Tribunal decided, the amount used for maintenance calculation is 4K less than what is on his P60. This would mean >150GBP a year in child maintenance. If I do appeal for arithmetical correctness, would I be called for tribunal again? (I'm a contractor so I don't get paid if I don't show up for work to attend tribunal. I've been on 2 days of unpaid leave to attend 2 tribunals already).

Thank you for your help.

Crellow4

Liberty to Apply is challenging the calculation made by CSA following the Tribunal decision. If you consider the outcome of the Tribunal is wrong then you would apply for the decision to be Set Aside and would then go through the entire process once again.

Fission

Just to be clear: the right to appeal on "arithmetical correctness" is known in the tribunal's jargon as "Liberty to Apply".

As the previous poster says, that means that if the CSA incorrectly implement and calculate the effect of the tribunal's decision, you can appeal (back to the same level of tribunal) on the question of correctness of the calculation.

For instance, if the tribunal said that the NRP has income of £25,000 pa gross and ordered the CSA to calculate the net amount after tax and national insurance, you'd expect the weekly figure to come out somewhere in the region of about £375.

If that were somehow calculated as £250, you would probably wish to challenge that. If it were calculated at £465, the NRP would probably want to argue it. That's where LTA comes in. The appeal to the tribunal is solely about the consequent calculation based on the figures provided by the tribunal last time.

If you don't agree with a figure produced by the tribunal itself, LTA is not a useful route. You'd need to appeal against the tribunal's decision to the next tier up.